96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5166


 
Introduced 2/1/2010, by Rep. Roger L. Eddy
 
SYNOPSIS AS INTRODUCED:














See Index











 Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may petition to revoke a Firearm Owner's Identification Card if the Department finds that the card holder is, or was at the time of issuance, a person whose mental condition was determined, following a complete evaluation by a psychiatrist or a physician pursuant to the Mental Health and Developmental Disabilities Confidentiality Act, to pose a clear and present danger to the card holder, another person, or the community, (instead of a Firearm Owner's Identification Card may be revoked if the Department finds that the card holder is or was at the time of issuance, a person whose mental condition poses a clear and present danger to the applicant, others, or the community based upon a reasonable belief by a physician, clinical psychologist, or qualified examiner). Provides that a revocation petition is heard in the circuit court in the card holder's county of residence. Provides that the State's Attorney may participate in the hearing, present evidence, and take a position on the petition. Provides that the court may revoke the card if it finds that substantial justice would be done by a revocation and the card holder is a person whose mental condition poses a clear and present danger to the card holder, others, or the community. Provides that the circuit court's decision is subject to appeal under the Code of Civil Procedure (instead of the card holder appealing the Department's revocation of the card is subject to administrative review in the circuit court). Amends the Mental Health and Developmental Disabilities Confidentiality Act. In provisions concerning disclosure of mental health records to the State Police, provides that a mental health facility may disclose to the State Police records about a person whose mental condition is manifested by violent, suicidal, threatening, or assaultive behavior, for which there is a reasonable belief following a complete evaluation (instead of reasonable belief) by a psychiatrist or a physician, (instead of by a physician, clinical psychologist, or qualified examiner) that the person poses a clear and present or imminent danger to the card holder, others, or the community. Makes other changes.
















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A BILL FOR









 











HB5166

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1
 AN ACT concerning public safety.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Firearm Owners Identification Card Act is 
5
amended by changing Section 8 and by adding Sections 8.3 and 
6
10.1 as follows:



7
 (430 ILCS 65/8) (from Ch. 38, par. 83-8)


8
 Sec. 8. The Department of State Police has authority to 
9
deny an
application for or to revoke and seize a Firearm 
10
Owner's Identification
Card previously issued under this Act 
11
only if the Department finds that the
applicant or the person 
12
to whom such card was issued is or was at the time
of issuance:

13
 (a) A person under 21 years of age who has been convicted 
14
of a
misdemeanor other than a traffic offense or adjudged 
15
delinquent;

16
 (b) A person under 21 years of age who does not have the 
17
written consent
of his parent or guardian to acquire and 
18
possess firearms and firearm
ammunition, or whose parent or 
19
guardian has revoked such written consent,
or where such parent 
20
or guardian does not qualify to have a Firearm Owner's

21
Identification Card;

22
 (c) A person convicted of a felony under the laws of this 
23
or any other
jurisdiction;

 


 






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 (d) A person addicted to narcotics;

2
 (e) A person who has been a patient of a mental institution 
3
within the
past 5 years or has been adjudicated as a mental 
4
defective;

5
 (f) (Blank); A person whose mental condition is of such a 
6
nature that it poses
a clear and present danger to the 
7
applicant, any other person or persons or
the community;

8
 For the purposes of this Section, "mental condition" means 
9
a state of
mind manifested by violent, suicidal, threatening or 
10
assaultive behavior.

11
 (g) A person who is mentally retarded;

12
 (h) A person who intentionally makes a false statement in 
13
the Firearm
Owner's Identification Card application;

14
 (i) An alien who is unlawfully present in
the United States 
15
under the laws of the United States;

16
 (i-5) An alien who has been admitted to the United States 
17
under a
non-immigrant visa (as that term is defined in Section 
18
101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. 
19
1101(a)(26))), except that this
subsection (i-5) does not apply 
20
to any alien who has been lawfully admitted to
the United 
21
States under a non-immigrant visa if that alien is:


22
  (1) admitted to the United States for lawful hunting or 
23
 sporting purposes;


24
  (2) an official representative of a foreign government 
25
 who is:


26
   (A) accredited to the United States Government or 
 


 






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1
 the Government's
mission to an international 
2
 organization having its headquarters in the United

3
 States; or


4
   (B) en route to or from another country to which 
5
 that alien is
accredited;


6
  (3) an official of a foreign government or 
7
 distinguished foreign visitor
who has been so designated by 
8
 the Department of State;


9
  (4) a foreign law enforcement officer of a friendly 
10
 foreign government
entering the United States on official 
11
 business; or


12
  (5) one who has received a waiver from the Attorney 
13
 General of the United
States pursuant to 18 U.S.C. 
14
 922(y)(3);

15
 (j) (Blank);

16
 (k) A person who has been convicted within the past 5 years 
17
of battery,
assault, aggravated assault, violation of an order 
18
of protection, or a
substantially similar offense in another 
19
jurisdiction, in which a firearm was
used or possessed;

20
 (l) A person who has been convicted of domestic battery or 
21
a substantially
similar offense in another jurisdiction 
22
committed on or after January 1,
1998;

23
 (m) A person who has been convicted within the past 5 years 
24
of domestic
battery or a substantially similar offense in 
25
another jurisdiction committed
before January 1, 1998;

26
 (n) A person who is prohibited from acquiring or possessing

 


 






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firearms or firearm ammunition by any Illinois State statute or 
2
by federal
law;

3
 (o) A minor subject to a petition filed under Section 5-520 
4
of the
Juvenile Court Act of 1987 alleging that the minor is a 
5
delinquent minor for
the commission of an offense that if 
6
committed by an adult would be a felony;
or

7
 (p) An adult who had been adjudicated a delinquent minor 
8
under the Juvenile
Court Act of 1987 for the commission of an 
9
offense that if committed by an
adult would be a felony.

10
(Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)


11
 (430 ILCS 65/8.3 new)
12
 Sec. 8.3. Mental condition revocation.
13
 (a) The Department of State Police has the authority to 
14
petition for the revocation of a Firearm Owner's Identification 
15
Card previously issued under this Act if the Department finds 
16
that the person to whom such card was issued is or was at the 
17
time of issuance a person whose mental condition is determined, 
18
following a complete evaluation by a psychiatrist or a 
19
physician pursuant to item (2) of subsection (b) of Section 12 
20
of the Mental Health and Developmental Disabilities 
21
Confidentiality Act, is of such a nature that it poses a clear 
22
and present danger to the card holder, any other person or 
23
persons, or the community.
24
 (b) For the purposes of this Section, "mental condition" 
25
means a state of mind manifested by violent, suicidal, 
 


 






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threatening, or assaultive behavior.

2
 (430 ILCS 65/10.1 new)
3
 Sec. 10.1. Firearm owner's identification card revocation 
4
process-mental condition.
5
 (a) Whenever the Department petitions for the revocation of 
6
a Firearm Owner's Identification Card under Section 8.3, a 
7
hearing upon the Department's petition shall be held in the 
8
circuit court in the county of residence of the card holder 
9
whose Firearm Owner's Identification Card is the subject of the 
10
petition.
11
 (b) At least 30 days before any hearing in the circuit 
12
court, the Department shall serve the holder of the Firearm 
13
Owner's Identification Card and the relevant State's Attorney 
14
with a copy of the petition for revocation. The Department 
15
shall proceed on its petition before the court and the holder 
16
of the Firearm Owner's Identification Card may respond. 
17
Additionally, the State's Attorney may participate in the 
18
hearing, present evidence, and take a position on the petition. 
19
At the hearing the court shall determine whether substantial 
20
justice would be done by revoking the card holder's card and 
21
whether the card holder is a person whose mental condition is 
22
of such a nature that it poses a clear and present danger to 
23
the card holder, any other person or persons, or the community.
24
 (c) A circuit court decision entered pursuant to this 
25
Section shall be subject to appeal under the provisions of the 
 


 






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1
Code of Civil Procedure.

2
 Section 10. The Mental Health and Developmental 
3
Disabilities Confidentiality Act is amended by changing 
4
Section 12 as follows:



5
 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


6
 Sec. 12. (a) If the United States Secret Service or the 
7
Department of
State Police requests information from a mental 
8
health or developmental
disability facility, as defined in 
9
Section 1-107 and 1-114 of the Mental
Health and Developmental 
10
Disabilities Code, relating to a specific
recipient and the 
11
facility director determines that disclosure of such

12
information may be necessary to protect the life of, or to 
13
prevent
the infliction of great bodily harm to, a public 
14
official,
or a person under the protection of the United
States 
15
Secret Service, only the following information
may be 
16
disclosed: the recipient's name, address, and age and the date 
17
of
any admission to or discharge from a facility; and any 
18
information which
would indicate whether or not the recipient 
19
has a history of violence or
presents a danger of violence to 
20
the person under protection. Any information
so disclosed shall 
21
be used for investigative purposes only and shall not
be 
22
publicly disseminated.
Any person participating in good faith 
23
in the disclosure of such
information in accordance with this 
24
provision shall have immunity from any
liability, civil, 
 


 






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1
criminal or otherwise, if such information is disclosed
relying 
2
upon the representation of an officer of the United States 
3
Secret
Service or the Department of State Police that a person 
4
is under the
protection of the United States Secret Service or 
5
is a public official.

6
 For the purpose of this subsection (a), the term "public 
7
official" means
the Governor, Lieutenant Governor, Attorney 
8
General, Secretary of State,
State Comptroller, State 
9
Treasurer, member of the General Assembly, member of the United 
10
States Congress, Judge of the United States as defined in 28 
11
U.S.C. 451, Justice of the United States as defined in 28 
12
U.S.C. 451, United States Magistrate Judge as defined in 28 
13
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
14
Supreme, Appellate, Circuit, or Associate Judge of the State of 
15
Illinois. The
term shall also include the spouse, child or 
16
children of a public official.

17
 (b) The Department of Human Services (acting as successor 
18
to the
Department of Mental Health and Developmental 
19
Disabilities) and all
public or private hospitals and mental 
20
health facilities are required, as hereafter described in this 
21
subsection,
to furnish the Department of State Police only such 
22
information as may
be required for the sole purpose of 
23
determining whether an individual who
may be or may have been a 
24
patient is disqualified because of that status
from receiving 
25
or retaining a Firearm Owner's Identification Card under

26
subsection (e) or (f) of Section 8 of the Firearm Owners 
 


 






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Identification Card
Act or 18 U.S.C. 922(g) and (n). All public 
2
or private hospitals and mental health facilities shall, in the 
3
form and manner required
by the Department, provide such 
4
information as shall be necessary for the
Department to comply 
5
with the reporting requirements to the Department of
State 
6
Police. Such information shall be furnished within 7 days after

7
admission to a public or private hospital or mental health 
8
facility or the provision of services to a patient described in 
9
clause (2) of this subsection (b). Any such information 
10
disclosed under
this subsection shall
remain privileged and 
11
confidential, and shall not be redisclosed, except as required 
12
by clause (e)(2) of Section 3.1 of the Firearm Owners 
13
Identification Card Act, nor utilized
for any other purpose. 
14
The method of requiring the providing of such
information shall 
15
guarantee that no information is released beyond what
is 
16
necessary for this purpose. In addition, the information 
17
disclosed
shall be provided
by the Department within the time 
18
period established by Section 24-3 of the
Criminal Code of 1961 
19
regarding the delivery of firearms. The method used
shall be 
20
sufficient to provide the necessary information within the

21
prescribed time period, which may include periodically 
22
providing
lists to the Department of Human Services
or any 
23
public or private hospital or mental health facility of Firearm 
24
Owner's Identification Card applicants
on which the Department 
25
or hospital shall indicate the identities of those
individuals 
26
who are to its knowledge disqualified from having a Firearm

 


 






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1
Owner's Identification Card for reasons described herein. The 
2
Department
may provide for a centralized source
of information 
3
for the State on this subject under its jurisdiction.

4
 Any person, institution, or agency, under this Act, 
5
participating in
good faith in the reporting or disclosure of 
6
records and communications
otherwise in accordance with this 
7
provision or with rules, regulations or
guidelines issued by 
8
the Department shall have immunity from any
liability, civil, 
9
criminal or otherwise, that might result by reason of the

10
action. For the purpose of any proceeding, civil or criminal,

11
arising out of a report or disclosure in accordance with this 
12
provision,
the good faith of any person,
institution, or agency 
13
so reporting or disclosing shall be presumed. The
full extent 
14
of the immunity provided in this subsection (b) shall apply to

15
any person, institution or agency that fails to make a report 
16
or disclosure
in the good faith belief that the report or 
17
disclosure would violate
federal regulations governing the 
18
confidentiality of alcohol and drug abuse
patient records 
19
implementing 42 U.S.C. 290dd-3 and 290ee-3.

20
 For purposes of this subsection (b) only, the following 
21
terms shall have
the meaning prescribed:


22
  (1) "Hospital" means only that type of institution 
23
 which is providing
full-time residential facilities and 
24
 treatment.


25
  (2) "Patient" shall include only: (i) a person who is 
26
 an in-patient or resident of any public or private hospital 
 


 






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1
 or mental health facility or (ii) a person who is an 
2
 out-patient or provided services by a public or private 
3
 hospital or mental health facility whose mental condition 
4
 is of such a nature that it is manifested by violent, 
5
 suicidal, threatening, or assaultive behavior or reported 
6
 behavior, for which there is a reasonable belief following 
7
 a complete evaluation by a psychiatrist or a physician, 
8
 clinical psychologist, or qualified examiner that the 
9
 condition poses a clear and present or imminent danger to 
10
 the patient, any other person or the community meaning the 
11
 patient's condition poses a clear and present danger in 
12
 accordance with subsection
(f) of Section 8 of the Firearm 
13
 Owners Identification Card Act. The terms physician and 
14
 psychiatrist , clinical psychologist, and qualified 
15
 examiner are defined in Sections 1-120 and 1-121 , 1-103, 
16
 and 1-122 of the Mental Health and Developmental 
17
 Disabilities Code.

18
  (3) "Mental health facility" is defined by Section 
19
 1-114 of the Mental Health and Developmental Disabilities 
20
 Code.

21
 (c) Upon the request of a peace officer who takes a person 
22
into custody
and transports such person to a mental health or 
23
developmental disability
facility pursuant to Section 3-606 or 
24
4-404 of the Mental Health and
Developmental Disabilities Code 
25
or who transports a person from such facility,
a facility 
26
director shall furnish said peace officer the name, address, 
 


 






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age
and name of the nearest relative of the person transported 
2
to or from the
mental health or developmental disability 
3
facility. In no case shall the
facility director disclose to 
4
the peace officer any information relating to the
diagnosis, 
5
treatment or evaluation of the person's mental or physical 
6
health.

7
 For the purposes of this subsection (c), the terms "mental 
8
health or
developmental disability facility", "peace officer" 
9
and "facility director"
shall have the meanings ascribed to 
10
them in the Mental Health and
Developmental Disabilities Code.

11
 (d) Upon the request of a peace officer or prosecuting 
12
authority who is
conducting a bona fide investigation of a 
13
criminal offense, or attempting to
apprehend a fugitive from 
14
justice,
a facility director may disclose whether a person is 
15
present at the facility.
Upon request of a peace officer or 
16
prosecuting authority who has a valid
forcible felony warrant 
17
issued, a facility director shall disclose: (1) whether
the 
18
person who is the subject of the warrant is present at the 
19
facility and (2)
the
date of that person's discharge or future 
20
discharge from the facility.
The requesting peace officer or 
21
prosecuting authority must furnish a case
number and the 
22
purpose of the investigation or an outstanding arrest warrant 
23
at
the time of the request. Any person, institution, or agency

24
participating in good faith in disclosing such information in 
25
accordance with
this subsection (d) is immune from any 
26
liability, civil, criminal or
otherwise, that might result by 
 


 






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1
reason of the action.

2
(Source: P.A. 95-564, eff. 6-1-08; 96-193, eff. 8-10-09.)



   
 


 






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1


INDEX

2


Statutes amended in order of appearance


3
 430 ILCS 65/8
from Ch. 38, par. 83-8




4
 430 ILCS 65/8.3 new







5
 430 ILCS 65/10.1 new





6
 740 ILCS 110/12